her menstruation will not return should be told: “Observe a waiting period of three months,” for she falls under Allah’s saying: “As for your women who have despaired of menstruation—if you are in doubt—their waiting period is three months” [al-Talaq 65:4]. She has definitively despaired of menstruation, and so she observes a waiting period of three months.
But if she hopes that it will return, she must wait until the impediment ceases, then observe a waiting period of one year: nine months for pregnancy and three months for the waiting period.
It was also said that, once the impediment has ceased, she observes a waiting period of three months, because the Companions only prescribed one year for a woman who does not know the reason for the cessation of her menstruation. Here, however, she knows the reason; so if the reason ceases and her menstruation does not return, she observes a waiting period of three months. Nevertheless, the more cautious view is that she should observe a waiting period of one year. For if the reason ceases and menstruation does not return, we judge that it will not return because the reason has ceased. Once we judge that it will not return after the reason has ceased, our judgment that it will not return is then due to no known cause. And if its cessation is for no known cause, the period is one year, as mentioned previously.
Sixth: The wife of a missing person waits for the period previously mentioned concerning his inheritance, then observes the waiting period for death. A female slave is like a free woman with regard to this waiting period, while her waiting period thereafter is half that of a free woman. She does not require a judge’s ruling to prescribe the period of waiting and the waiting period for death. If she remarries and the first husband returns before the second husband has consummated the marriage, she belongs to the first husband. After consummation, the first husband may take her back as his wife under the original marriage contract, even if the second husband has not divorced her; but he may not have intercourse with her before the completion of her waiting period from the second husband. He may also leave her with the second husband without renewing a marriage contract. The first husband takes from the second husband the amount of the bridal gift that the latter gave her, and the second husband recovers from her what the first husband took from him.
His statement, “Sixth: The wife of a missing person,” means the wife of the missing person. A missing person is one whose news has ceased, such that it is not known whether he is alive or dead—for example, a man who travelled and then all news of him stopped. It is not known whether he reached the land he intended, returned to his own land, went to another land, died, or was taken captive.
His statement, “waits,” means that she waits. The apparent meaning of his words is that this is obligatory: whenever her husband goes missing, she must wait. However, they mentioned that she may remain patient, if she wishes, until Allah brings him back or she becomes certain of his death. Accordingly, the author’s words here are restricted to the case where she wishes to remarry and free herself from this missing husband. But if she says, “I will wait until I am certain of his death,” we do not oblige her to wait or to observe a waiting period.